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payever uses cookies. By using our services you agree to our Cookie Policy.

TERMS OF SERVICE FOR MERCHANTS (EFFECTIVE 17.11.2015)

§ 1 General Terms

a) Scope

These terms of service are valid for all business relations via www.payever.de between payever GmbH, Rödingsmarkt 20, 20459 Hamburg, represented by their managing directors Mr. Viktor Butsch and Mr. Artur Schlaht (“payever”) and 3rd party services, that want to enable their customers to use payever (“business”, “merchant” or “partner”) in the version valid at conclusion of contract. Any adverse terms of service by the business are explicitly objected hereby.

b) Contract agreement

Contract language is German and English. In the event of discrepancies between the German and the English version of this ToS, the German version shall prevail.

c) Registration

The design of payever’s services is non-binding and subject to alteration. In order to use payever, the business has to be registered. In the first step, the merchant provides his personal and professional information. In the second step, he chooses the required solutions. In the third step, the merchant chooses his required payment options and further ordering details and has the possibility to review the given data (e.g. company, address etc.) and correct possible input errors before he submits his inquiry by clicking the button “Offer now”. payever will confirm the arrival of the inquiry immediately. The confirmation of arrival does not constitute a binding acceptance. payever will audit the inquiry after arrival and request the required information (e.g. excerpt of trade register, list of shareholders, business registration) via e-mail and perform a credit and risk check. Afterwards payever grants permission or rejects the merchant. If the merchant gets rejected, he cannot use payever. The delivery embodies the binding offer of payever to the merchant to conclude the contract. The merchant can accept the offer during the term of two weeks by acceptance towards payever. With this acceptance, the contract between payever and the merchant is initiated.

d) Confidentiality

The rights of the user by this contract are not transferable. The password, which allows the user to access the personal area and thus grants access to the collection and storage of data, shall be treated strictly confidential and must certainly not be given to a third party. The user takes adequate measures in order to prevent a disclosure of the password to third parties.

§ 2 Services

a) General

payever provides a platform as a service provider via the website www.payever.de, its subpages as well as its API for integration into foreign systems, allowing to use different functions and services that are related to the payment and factoring of contracts. The merchant can offer his customers a solution for paying their purchases and ordered services via payever. payever or a third party authorized by payever will run an identity and credit check of the customer and performs the technical handling of the transaction.

b) Fee-based services and applications

Certain services and applications are subject to a charge. The scope of service and the related costs can be viewed on the website of payever.

c) Order processing with payever

payever also provides merchants with the possibility to create instant orders for the customer via payever on behalf of the merchant (trade representative). The respective merchant remains the sole contract partner also while processing the order with payever. The corresponding order and customer data will be redirected in that case to the particular merchant. To use this service, an additional contract between the customer and payever is required.

d) Sales arrangements and Affiliates

payever also enables merchants to have a partnership within the context of sales arrangements and affiliate programs. payever grants commission to the partner for sales arrangement and performance-related advertisement. § 3 of this ToS states the contents of such contract.

e) Service provision

payever or the bank/ payment provider is authorized to fulfill the contract or parts of the contract. payever is authorized to handle all offer payment services via partners or a third party.

f) Delay of service

For a delay of service caused by force majeure and exceptional and unpredictable events, which cannot be prevented by payever even with utmost diligence (including particularly official strike, administrative or legal ordinance and in case of incorrect or invalid self-supply despite hedging transactions to that effect), payever cannot be plead guilty for. Such events authorize payever to delay the service by the term of the interfering event.

g) Withdrawal

In case of unavailability because of the above mentioned reasons, payever can withdraw from the contract. payever commits to inform the merchant immediately about the unavailability and will refund potentially received rewards immediately.

§ 3 Partner contracts

a) General

The sales agreements and affiliate programs covered by § 2 d have the following described scope if not agreed upon something else.

b) payever System Integration

The partner can integrate payever’s system into his website in order to provide an interface to the payment system of payever.
The goods and services offered by the partner are being handled via the payment system of payever. The partner in return makes all such required information available to payever which is needed for successful system integration. payever supports the partner with regard to the system installation and the required system integration measures.

c) Sales arrangements/Affiliates

payever grants the right to his partners to arrange business contacts and integrate affiliate links with which payever will enter separate contractual agreements. For every successful arrangement/ affiliate activity a commission is being paid from payever to the partner.

d) System Activation

In case the partner decides to integrate the payment system, it is to be activated after the conclusion of the contract. Both the partner and payever will perform this activation on their end.

e) Advertising Material

payever is free to promote the partner companies on their website. The partner provides payever with advertising material (especially logos, trademarks, graphics, banners). payever is entitled to publish this material and mention the partner’s name in e-mails, letters, press releases and on payever’s websites. payever is therefore also authorized to adjust the parameters (e.g. size) of imagery for the purpose of correct and design-compliant presentation.

f) Commission

payever pays out commissions to the partners. The amount is calculated on the basis of the monthly net returns that are being generated by the interface that has been integrated by the partner or, respectively are the result of the arranged contract. The commission rate is based on the chosen conditions and can be viewed within the customer account. The monetary value on which the commission rate is based is being reduced by

the registered refund processes for the corresponding month,

the transaction costs (money transfer costs).

The payout takes place via money transfer to the given bank account of the partner. The payout period is based on the terms of the particular payment service (monthly or quarterly).
The payout is being performed within maximum 14 days after having received the settlement of the corresponding payment service.

g) Duration

The partner agreement is being concluded for an indefinite period of time and can be cancelled to the end of the month with a notice period of 3 months. The cancellation requires the written form and can be sent e.g. via letter or e-mail to the post/ email address in the disclaimer. The right on a notice of extraordinary termination is not being affected by the above regulation.

§ 4 Obligations of the Merchant

a) Invoice Data

The merchant creates and sends an invoice/ a payment request that is in compliance with the legal requirements. The notification about potential invoice changes due to returns and/ or revocations, discounts or credits etc. is within the responsibility of the merchant.

b) Credit Check

The credit and risk assessment of the end customer – in case it is being performed – generally takes place via the system of payever, i.e. the end customer agrees himself on submitting his data as well as on an assessment of his creditworthiness and the performance of a risk check. Therefore, he agrees at the same time on the transfer of his personal data for the mentioned purpose and within the contractual framework.

c) T&C

the direct debit authorization of the bank with regard to the payment procedure or
respectively the installment purchase agreement,

the limitiation of the possibility to enforce the lien,

the immediate maturity of the whole receivable amount in case of payment default.

d) Objections of the End Customer

In order to verify objections from the customer against the amount of the purchase contract, the merchant has to transmit all the relevant information or data to payever, the bank or respectively the payment service provider.

e) Timeliness of Data

The merchant is obliged to constantly keep the data, which is collected for the registration up to date. Necessary changes can be made in the customer area. In case a correction is not possible due to technical problems, the merchant can submit the changes also via phone, e- mail, fax or mail.

f) Offers

The merchant’s offers must not infringe or violate the existing legislative framework in any way.

g) Prevention of Third Party Abuse

It is the merchant’s responsibility to keep his user data and the belonging password safe and inaccessible to third parties. In case the merchant becomes aware of an improper use related to a specific user account, he will immediately inform payever about it.

h) Rescission

The end customer’s payment can be rescinded by the bank, if the merchant violates one or more of the above mentioned obligations or especially if one of the following cases are present:

The transaction lacks a consent from the bank or payever for payment or financing or has been refused,

Invoice- and/ or end customer data that has been submitted by the merchant contain errors,

Goods and/ or services haven’t been delivered by the merchant within a given and reasonable time or haven’t been delivered by the merchant at all,

There is no valid direct debit authorization from the customer present,

fLack of legal capacity from the side of the end customer at time of purchase contract
conclusion,

Sales for which the merchant has been informed about being subject to potential
fraud

In case the rescission cause costs to the bank, they are to be paid by the merchant. Potential damage claims exceeding the mentioned circumstances remain unaffected. In case the existence of one or more of the above mentioned cases can, however. be asserted at the time of the credit check, no payment procedure is being initiated by payever in the first place.

i) Use of content by payever

With the conclusion of the contract the merchant grants payever the right to use transmitted texts, the company names and the company logos for an indefinite period of time for data entry, data preservation and all the types of use that are required to have this data retrieved by third parties. This extends especially to saving, to reproducing, to making available, to transmitting, to publishing the content in compliance with the privacy statement. The aforementioned practices might well be performed via advertising material of payever or advertising material of third parties.

§ 5 Settlement with the Merchants

The settlement takes place between the bank or the payment service and the merchant if the merchant didn’t order explicitly specific services or applications that are subject to a charge. Such charges are to be paid by the merchant himself.

§ 6 Duration and Cancellation

a) Duration

The contract is being concluded for an indefinite period of time as soon as payever receives the acceptance in case there is no other agreement in place with regard to this. The right to termination without notice remains unaffected hereof.

b) Cancellation

The cancellation of free-of-charge services for the merchant, partner contracts and affiliate contracts can take place at all times and from both sides (via e-mail or post). The contract will then be ended to month’s end with a notice period of three months.

§ 7 Availability and Enhancement

a) Availability

payever doesn’t guarantee the constant availability of the offered services. payever also doesn’t guarantee that the offered services or parts thereof can be made available and be used from every location

b) Enhancement

payever is making efforts to adapt its services to the recent technological developments and current market trends. payever therefore reserves the right to perform changes with regard to the agreed services as long as such changes don’t affect the core services and are reasonable with regard to the contracting party’s interests. The database is being provided within the framework of the technical and commercial possibilities and in consideration of the customer’s interest, whereas temporary restraints and limitations are possible to a reasonable extent (e.g. server maintenance, technical failures).

§ 8 Integration of the Service

The customer has the option to integrate the payever Service into his own website and to allow access to the payment service. It is the customer’s own responsibility to ensure a proper implementation.

§ 9 Data Backup Obligation

While payever performs effective data backups within the framework of service provision, payever doesn’t provide a general data backup guarantee for the data that is being entered into the system by users. The user also has an own obligation and interest to periodically perform appropriate backup activities in order to anticipate data loss. While providing the agreed service, payever will exercise due diligence and will take care about the data backups with the necessary expertise. However, payever doesn’t guarantee that the saved content ot data that the user retrieves is not by accident being damaged, distorted, lost or partially removed.

§ 10 Customer Account

The following data – as already mentioned in § 1 c) – can be stored by payever to improve the service within the customer account:

This data is needed for a risk and credit check at the beginning of the contractual relations between payever and the user. Furthermore, it is needed for the handling of payments and further transactions of the user. The customer agrees on the storage as well as the usage of this data within the framework of the customer account.

§ 11 Use of the Live-Chat

a) General Remarks

The user commits himself to exclusively make use of the services offered by payever within the legal framework and to the extent permitted within these terms and conditions. An abusive use leads to a suspension of the right of use granted at registration. After discovering abusive use, payever is going to deactivate the account of the respective user. Any potential paid feeds are not being refunded in this case.

b) Abusive Use

An abusive use shall especially be constituted by infringement of copyright. Moreover, an abusive use takes place when providing, spreading or making different use of illegally obtained data as well as when spreading or providing data for illegal purposes. The use of the service is in particular considered abusive when performed in order to

send spam mails,

send and save content which is hurtful, obscene, threatening, insulting or infringing
the rights of third parties in another way,

upload programs that have the potential to disturb, affect or inhibit the operation of
payever,

obtain unauthorized access to the payever service or to particular modules, systems
or applications or to grant such access to third parties.

c) Exemption

The user undertakes to exempt payever from all third-party claims including appropriate or statutory prosecution costs that are based on the user‘s non-contractual, abusive and/or illicit use of the website services and their content. The user will support payever in the defensive action against such claims, especially by making available all the information needed in order to conduct according measures of legal defense. The user is obliged to compensate the damages that payever might experience due to successful enforcement of such claims by third parties.

§ 12 Copyrights

It lies within the responsibility of the one using the services offered by payever to respect current copyright legislation or other third-party rights while using the account and – if necessary – obtain the explicit consent before use or utilization. This includes besides types of use as mentioned in § 9 b of these terms especially Reverse Engineering or the access of the service with the goal of creating comparable goods and services as well as copying or reproducing imagery, processes, functions or graphics.

§ 13 Prices and Duration of Fee-based Services

a) Means of Compensation and Payment

The prices are gathered from the price list that is valid at the time of contract conclusion. All prices are excluding VAT. Invoices can either be paid via SEPA direct debit, money transfer credit card or PayPal.

b) Default of payment

The merchant is in default if the payment is not received within two weeks after payever received the invoice. In case of default an interest rate of 9 % above the ECB’s base lending rate is being charged. In case the customer is in default, payever reserves the right to charge reminder fees of 2,50 €. The legal assertion of possible compensation claims in excess of these figures remains unaffected from these regulations. The customer in return is entitled to prove that either few damage or no damage at all emerged for payever from the critical circumstances.

c) Right of Retention

The customer is solely entitled to the assertion and enforcement of such right of retention for counter-claims that are due and are based on the same legal binding as the customer’s commitments.

d) SEPA-payment and Pre-Notification

Invoices can be paid via SEPA direct debit. Therefore, the customer gives payever an according mandate (Sepa Basis Mandate or. respectively. a SEPA Company Mandate, if possible). When invoices are being paid via SEPA Basis Mandate or Sepa Company Madate, the customer receives a pre-information concerning the direct debit. The notice period for the pre-notification is being shortened to 1 day für B2B-SEPA debits. For CORE, the standard direct debit, the notice period is being shortened to 5 days for a first debit (FRST)/ one-time debit (OOFF) and 2 days for a recurring debit (RCUR). The customer guarantees the sufficient coverage of his account. Costs that are triggered by non-collection or chargeback of the debit shall be borne by the merchant in case non-collection or chargeback hasn’t been caused by payever.

e) Duration

The duration of the fee-based services is based on the particularly chosen scope of service. The duration starts when te declaration of acceptance has been received by payever. The notice period is a result from separate agreement. If the contractual relation hasn’t been cancelled at the end of the contract duration, the duration is being renewed by the particularly chosen contract duration.

f) Account Suspension in Default

When being in default, the user account can be suspended immediately. After having received the outstanding payment(s), the account will be made accessible again if there is still a remaining contractual term at that point.

§ 14 Liability

a) Exclusions of Liability

payever as well as its legal representatives and agents are only liable for intent or gross negligence without prejudice to the restrictions stated hereinafter. In case of slight negligence, the liability concerns only the violation of relevant contractual obligations, therefore such obligations whose adherence is of special relevance for the attainment of the contractual purpose. In doing so, the amount of liability is limited to the direct average loss that is predictable and contract-typical. Towards merchants payever and the bank are in case of a grossly negligent violation of non-relevant contractual obligations solely liable up to the amount of the direct average loss that can be considered predictable and contract- typical.

b) Liability Restrictions

The above liability restrictions don’t include liability for damage from infringement of life, body or health. Also the regulations from the product liability law remain unaffected.

c) Data Loss

In case of data loss payever and the bank are solely liable for the usual expenses of recovery that would have arisen in case of regular backup file creation to an extent that would correspond to the real risk of data loss.

§ 15 Final Clauses

a) Place of jurisdiction

It is being agreed that the exclusive place of jurisdiction for all potential legal disputes from this contractual agreement is to be payever’s registered office in Hamburg as long as the merchant is a businessman, a legal entity of public law or special fund under public law or as long as the merchant doesn’t have a place of jurisdiction within the Federal Republic of Germany.

b) Choice of Law

As far as obligatory statutory is not opposed to the merchant’s law of domicile, German law shall be deemed to be agreed to the exclusion of the UN sales convention.

c) Severability Clause

The ineffectiveness of single regulations does not affect as a consequence the effectiveness of the miscellaneous terms and conditions.

TERMS OF SERVICE FOR USER (EFFECTIVE 17.11.2015)

§ 1 General terms

a) Scope

These terms of service are valid for all business relations via www.payever.de between payever GmbH, Rödingsmarkt 20, 20459 Hamburg, represented by their managing directors Mr. Viktor Butsch and Mr. Artur Schlaht (“payever”) and their user in the version valid at conclusion of contract. Any adverse terms of service by the user are explicitly objected hereby.

b) Contract agreement

Contract language is German and English. In the event of discrepancies between the German and the English version of this ToS, the German version shall prevail. User for the purpose of this contract are only end customers and customers in accordance with § 13 BGB.

c) Registration

User have the possibility to create a user account. For that purpose, the data needed in order to offer the service is requested. The data will be confirmed by clicking the button “Register”. The user receives a confirmation mail afterwards with the credentials for the login. Only when the customer logged into his account at the payever webpage with this credentials the first time, the registration is complete.

d) Conclusion of contract

The conclusion of contract between the customer and payever consists of four steps. In the first step, the customer chooses the requested goods or services of the third-party supplier. In the second step, the customer chooses a payment method for which he receives an invoice/payment request of the third-party supplier. In the third step, the customer chooses the requested payment method in the order process and truthfully provides the data – if requested – needed for risk and credit check including billing address, bank details and solvency details. In the fourth step the customer has the possibility to review all details (e.g. name, address payment method) and if necessary correct input errors, before he confirms the request by clicking the buy button which – if the order is made via a button – is labeled easily readable with nothing else than the words “order now” or with an adequate precise wording. With this confirmation, the user states his binding offer to payever. payever will confirm the arrival of the request immediately. The confirmation of the arrival does not act as a binding acceptation. payever will audit the offer made by the user. The review is made latest within 2 days which results in an acceptance of the offer after a positive decision. In case of a negative decision, the user cannot use the services of payever. payever behaves as an intermediary between user and bank/payment provider as part of the contract. Payment to discharge debts can only be made to each interfering bank/payment provider or by charging the stated bank account or credit card of the user.

e) Conclusion of Contract for installments

The conclusion of contract between the customer and payever consists of four steps. In the first step, the customer chooses the requested goods or services of the third-party supplier. In the second step, the customer chooses a payment method for which he receives an
invoice/payment request of the third-party supplier. In the third step, the customer chooses the requested payment method in the order process and truthfully provides the data – if requested – needed for risk and credit check including billing address, bank details and solvency details. In the fourth step the customer has the possibility to review all details (e.g. name, address payment method) and if necessary correct input errors, before he confirms the request by clicking the buy button which – if the order is made via a button – is labeled easily readable with nothing else than the words “order now” or with an adequate precise wording. With this confirmation, the user states his binding offer to payever. payever will confirm the arrival of the request immediately. The confirmation of the arrival does not act as a binding acceptation. The contract between the user and payever about the possibility of installments is nevertheless concluded by arrival of the confirmation. payever will send the user a binding offer about the payment or installment of the requested purchase after audit of the request. The offer precedes a scoring via the API of the bank. After calculating the scoring, the user receives eventually a refusal. In case of a refusal, the user cannot use the services of payever. In case of an acceptance, the user is able to confirm the offer that underlies the acceptance, within one month after arrival of the offer or accept the offer via identification with PostIdent verification. Payever only acts as intermediary between user and bank. The contract about the installment is only concluded between the user and the bank. Payment to discharge debts can only be made to each interfering bank or by charging the stated bank account or credit card of the user.

f) Contract storage

The contract is stored by payever and is available for download to the user at any time in his user account. However, the contract cannot be accessed by the user after sending his order on the web page of the seller. The user can print the relevant website including the contract with the printing function of his browser.

g) Confidentiality

The rights of the user by this contract are not transferable. The password, which allows the user to access the personal area and thus grants access to the collection and storage of data, shall be treated strictly confidential and must certainly not be given to a third party. The user takes adequate measures in order to prevent a disclosure of the password to third parties.

§ 2 Services

a) General terms

payever provides a platform as a service provider via the website www.payever.de , its subpages as well as Frames in partner shops, allowing to use different functions and services that are related to the payment and factoring of contracts. The user can find the requested solution for the payment and factoring of purchases and services with payever. To use the interfered services, an additional contract between user and bank/payment provider is needed. payever is only intermediary and not bank or payment provider by itself.

b) Service provision

payever or the bank/ payment provider is authorized to fulfill the contract or parts of the contract. payever is authorized to handle all offer payment services via partners or a third party.

c) Delay of service

For a delay of service caused by force majeure and exceptional and unpredictable events, which cannot be prevented by payever even with utmost diligence (including particularly official strike, administrative or legal ordinance and in case of incorrect or invalid self-supply despite hedging transactions to that effect), payever cannot be plead guilty for. Such events authorize payever to delay the service by the term of the interfering event.

d) Withdrawal

In case of unavailability because of the above mentioned reasons, payever can withdraw from the contract. payever commits to inform the merchant immediately about the unavailability and will refund potentially received rewards immediately.

e) Cancellation

payever as well as the user can cancel the contract that originated by the registration between both parties within a period of 2 weeks by the end of the month without stating any specific reason. The cancellation has to be declared to the other party in written form. The right to cancel without notice for a significant reason will remain unaffected regarding partnerships and for the payment options credit card and direct debit. Also the right to cancel without notice for a significant reason for any possible contract of the user with a third party (banks or payment providers) remains unaffected. A significant reason is especially present when breaking the terms of this terms of use and breaking legally requirements or third party rights.

§ 3 Availability and Enhancement

a) Availability

payever doesn’t guarantee the constant availability of the offered services. payever also doesn’t guarantee that the offered services or parts thereof can be made available and be used from every location.

b) Enhancement

payever is making efforts to adapt its services to the recent technological developments and current market trends. payever therefore reserves the right to perform changes with regard to the agreed services as long as such changes don’t affect the core services and are reasonable with regard to the contracting party’s interests. The database is being provided within the framework of the technical and commercial possibilities and in consideration of the customer’s interest, whereas temporary restraints and limitations are possible to a reasonable extent (e.g. server maintenance, technical failures).

§ 4 Obligations of the User

a) General terms

The customer is obliged to truthfully stage the data that is needed and complied for the service provision. The customer must use the services offered by payever only within a legally permitted and in this terms of use described extent.

b) Release clause

The user is obliged to release payever from all demands of a third party including adequate or legally determined costs of prosecution that are based on a non-truthfully, abusive and/or unlawful usage of the services of the website and its content by the user.

c) Usage of personal data for the purpose of identity and credit checks

Die vom Kunden übermittelten Informationen sind vom Kunden vor Absendung auf deren Richtigkeit zu Überprüfen. Der Kunde willigt The information transmitted by the user have to be verified by the user before sending. The user gives his consent to payever and their partners to use the data for an identity and credit check by entering the data and to send this data to a third party for that purpose. For this, payever can use the assistance of a third party although the compliance with the privacy policy has to be maintained. Third parties include in particular credit agencies such as SCHUFA Holding AG, Bürgel Wirtschaftsinformationen GmbH, Creditreform Boniversum GmbH.

d) Timeliness of Data

The user is obliged to constantly keep the data, which is collected for the registration up to date. Necessary changes can be made in the user account. In case a correction is not possible due to technical problems, the merchant can submit the changes also via phone, e- mail, fax or mail.

e) Prevention of abusive usage of a third party

The user is responsible that his user data as well as the corresponding password is kept away from a third party. If the user notices an abusive usage of his user account, payever has to be informed immediately.

§ 5 Use of Live-Chats

a) General terms

The user commits himself to exclusively make use of the services offered by payever within the legal framework and to the extent permitted within these terms and conditions. An abusive use leads to a suspension of the right of use granted at registration. After discovering abusive use, payever is going to deactivate the account of the respective user. Any potential paid feeds are not being refunded in this case.

b) Abusive Use

An abusive use shall especially be constituted by infringement of copyright. Moreover, an abusive use takes place when providing, spreading or making different use of illegally obtained data as well as when spreading or providing data for illegal purposes. The use of the service is in particular considered abusive when performed in order to

send spam mails,

send and save content which is hurtful, obscene, threatening, insulting or infringing the rights of third parties in another way,

upload programs that have the potential to disturb, affect or inhibit the operation of payever,

obtain unauthorized access to the payever service or to particular modules, systems or applications or to grant such access to third parties.

c) Exemption

The user undertakes to exempt payever from all third-party claims including appropriate or statutory prosecution costs that are based on the user‘s non-contractual, abusive and/or illicit use of the website services and their content. The user will support payever in the defensive action against such claims, especially by making available all the information needed in order to conduct according measures of legal defense. The user is obliged to compensate the damages that payever might experience due to successful enforcement of such claims by third parties.

§ 6 User account

For a better server in the customer account, payever can store the data prompted as part of the conclusion of contract of §1. This data is needed for an eventually realized risk and credit check at the beginning of the contractual relationship. Furthermore, it is needed for payment handling and following transactions by the user.
For the storage and usage of this data (name, address, shopping basket, amount, used payment method) within the scope if the user account the user grants permission to payever.

§ 7 Copyrights

It lies within the responsibility of the one using the services offered by payever to respect current copyright legislation or other third-party rights while using the account and – if necessary – obtain the explicit consent before use or utilization. This includes besides types of use as mentioned in § 5 b of these terms especially Reverse Engineering or the access of the service with the goal of creating comparable goods and services as well as copying or reproducing imagery, processes, functions or graphics.

§ 8 Liability

a) Exclusions of Liability

payever as well as its legal representatives and agents are only liable for intent or gross negligence without prejudice to the restrictions stated hereinafter. In case of slight negligence, the liability concerns only the violation of relevant contractual obligations, therefore such obligations whose adherence is of special relevance for the attainment of the contractual purpose. In doing so, the amount of liability is limited to the direct average loss that is predictable and contract-typical. Towards merchants payever and the bank are in case of a grossly negligent violation of non-relevant contractual obligations solely liable up to the amount of the direct average loss that can be considered predictable and contract- typical.

b) Liability Restrictions

The above liability restrictions don’t include liability for damage from infringement of life, body or health. Also the regulations from the product liability law remain unaffected.

§ 9 Final Clauses

a) Choice of Law

German law excluding CISG (Convention on Contracts for the International Sale of Goods) applies unless any local compelling legal clauses of the user apply.

b) Severability Clause

The ineffectiveness of single regulations does not affect as a consequence the effectiveness of the miscellaneous terms and conditions.